Aman Choudhary vs State Of Madhya Pradesh

This is first application filed on behalf of the applicant under Section 439 of Cr.P.C. for grant of bail.

The applicant has been arrested on 02.08.2019 in connection with Crime No.181/2019 registered by Police Station Shahgarh, District Sagar for offence punishable under Sections 304 of IPC.

As per prosecution case, on 19.06.2019, deceased Chakresh Jain, came to the house of present applicant to compromise some previous dispute. At that time he was having petrol in a bottle. It is alleged that some quarrel arose between them. In the incident, deceased and present applicant received burn injuries. Thereafter, applicant lodged an FIR against the deceased for the offence under Section 307 of IPC. However, during treatment, deceased succumbed to burn injuries, whereon, an FIR for the offence under Section 304 of IPC has been registered against the present applicant on behalf of the deceased.

Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the case. It is further submitted that deceased sprinkled petrol on the applicant and set him on fire, whereon, present applicant has also received burn injuries for which an FIR under Section 307 IPC has been registered against the deceased. In the facts of the present case, no case under Section 304 of IPC is made out against the present applicant. The applicant is in jail since 02.08.2019. Trial will take a long time to conclude. The applicant is permanent resident of the district Sagar and there is no likelihood of his absconding or tampering with the prosecution case. On these grounds prayer is made to enlarge the applicant on bail.

Per contra, learned counsel appearing on behalf of the State has opposed the application and prayed for its rejection on the ground that in view of serious allegations against the applicant, he is not entitled for grant of bail.

Heard rival contention of learned counsel for both the parties. On perusal of the documents on record, it transpire that the applicant has also received intensive burn injuries in the incident. Looking to the entire facts and circumstances of the case but without expressing any opinion on the merits of the matter, this application is allowed. It is ordered that the applicant- Aman Choudhary be released on bail on furnishing a personal bond for the sum of Rs.1,00,000/-(Rupees One Lakh) with a solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. This order will remain operative subject to compliance of the following conditions by the applicant :-

(1) The applicant will comply with all the terms and conditions of the bond executed by him;

(2) The applicant will cooperate in the trial;

(3) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer;

(4) The applicant shall not commit any offence during the entire period of bail;

(5) The applicant will not seek unnecessary adjournments during the trial; and

(6) The applicant will not leave India without previous permission of the trial Court.

(7) The applicant shall inform the trial Court about his/her address and residence in case the applicant moves out from his/her permanent address for any point of time.

(8) The applicant shall not contact any of the other accused persons in this case in any manner whatsoever.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

Certified copy as per rules.